Neutral Citation No. - 2025:AHC:90290 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3141 of 2025 Applicant :- Sumit Alias Sumit Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 189 of 2024, under Sections 323, 392 I.P.C., Police Station- Sikandarabad, District- Bulandshahr, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. During the course of investigation, the applicant was granted anticipatory bail till submission of police report by this Court vide order dated 23.5.2024 passed in Criminal Misc. Anticipatory Bail Application No.5253 of 2024 (Sumit vs. State of U.P.). Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned Court. No custodial interrogation is required. It is next submitted that the trial of identically placed co-accused Shivank was separated and during trial the informant and the injured have not supported the prosecution case and have turned hostile. Consequently, identically placed co-accused Shivank was acquitted by the trial court vide order dated 17.01.2025 passed in Criminal Case No.52 of 2025 (State vs. Shivank and another). Further, at this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and the fact that during the course of investigation, the applicant was granted anticipatory bail till submission of police report by this Court; no violation of the conditions or misuse of liberty of interim anticipatory bail has been pointed out; investigation has been completed; charge sheet has been filed; the applicant had cooperated in the investigation; the applicant has been summoned by the concerned court; no custodial interrogation is required; identically placed co-accused Shivank was acquitted by the trial court vide order dated 17.01.2025; without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Sumit alias Sumit Yadav, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each date fixed in the matter by the court concerned; (ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 27.5.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad